1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 PEDRO RODRIGUEZ, Case No. 21-cv-1443-MMA (WVG) 12 Petitioner, ORDER DIRECTING CLERK TO 13 v. SEND ADDITIONAL COPIES OF CERTAIN DOCUMENTS TO 14 KATHLEEN ALLISON, Warden, PETITIONER 15 Respondent. 16 17 18 19 On August 9, 2021, Pedro Rodriguez (“Petitioner”), an inmate currently housed at 20 Vista Detention Facility in San Diego County and proceeding pro se, filed a habeas 21 corpus petition pursuant to 28 U.S.C. § 2254 (the “Petition”). See Doc. No. 1. On 22 August 9, 2022, Magistrate Judge William V. Gallo issued a detailed and well-reasoned 23 Report and Recommendation (“R&R”), recommending that the Court grant Respondent’s 24 motion and dismiss the Petition without leave to amend. See Doc. No. 51 at 12.1 On 25 September 21, 2022, the Court issued an Order adopting Judge Gallo’s R&R, granting 26 Respondent’s motion, and dismissing the Petition without leave to amend. Doc. No. 56. 27 28 1 On September 30, 2022, Petitioner filed a Notice of Appeal. Doc. No. 58. On October 2 12, 2022, Petitioner filed a Motion for Reconsideration regarding the Court’s September 3 21, 2022 Order. Doc. No. 60 at 1. On October 17, 2022, the Court denied Petitioner’s 4 Motion for Reconsideration. Doc. No. 61. 5 On October 21, 2022, Petitioner filed a Notice of Change of Address, informing 6 the Court that he has not received mail since September 1, 2022, and requesting that his 7 address be updated to the following: Vista Detention Facility, Mail Processing Center, 8 451 Riverview Parkway, Building C, Santee, CA 92071.2 Doc. No. 64. On November 3, 9 2022, Petitioner filed a “Request for Notice as to Mail Service,” reiterating that he has 10 not received any mail since September 1, 2022. Doc. No. 66 at 2. 11 Petitioner is currently still housed at Vista Detention Facility. See Doc. No. 66. 12 Prior to September 1, 2022, Petitioner received mail at the following address: Vista 13 Detention Facility, 325 S. Melrose Drive, Vista, CA 92081. Upon review of the docket 14 in this case, it appears that multiple orders that were sent to this address have been 15 returned to the Court as undeliverable since September 1, 2022. See Doc. Nos. 55, 62, 16 63, 65. Accordingly, the Court hereby takes judicial notice of the fact that since 17 September 1, 2022, the San Diego County Sheriff’s Department has required that any 18 mail sent to inmates housed at six of its detention facilities, including Vista Detention 19 Facility, be sent to its mail processing center at 451 Riverview Parkway, Building C, 20 Santee, CA 92071. See https://www.sdsheriff.gov/bureaus/detention-services- 21 bureau/sending-mail-and-packages (“Beginning September 1, any mail addressed or 22 received directly at six of our detention facilities will be rejected and returned to 23 sender.”); Khoja v. Orexigen Therapeutics, Inc., 899 F.3d 988, 999 (9th Cir. 2018) 24 25 26 27 2 After reviewing this filing, the Clerk of Court updated Petitioner’s address on the docket and resent recent Orders and a copy of the docket sheet to Petitioner. See Doc. No. 64 (indicating “docket sheet 28 1 || finding that judicial notice under Federal Rule of Evidence 201 permits a court to take 2 ||notice of undisputed facts in matters of public record). 3 Despite Petitioner not receiving mail since September 1, 2022, it appears that 4 || Petitioner was still able to receive information about this case through other means, such 5 “extended family.” See Doc. No. 66 at 1. As such, Petitioner still managed to actively 6 || litigate this case, including filing his objection to Judge Gallo’s R&R, filing his Notice of 7 || Appeal after this Court adopted the R&R, and filing his Motion for Reconsideration. See 8 || Doc. Nos. 54, 58, 60. 9 Although the Clerk of Court previously resent certain orders to Petitioner after he 10 || filed his Notice of Change of Address on October 21, 2022, see Doc. No. 64, in the 11 |/interest of justice, the Court DIRECTS the Clerk of Court to mail additional copies of 12 following documents to Petitioner at the address for the Sheriffs mail processing 13 ||center, as reflected on the current docket: (1) a copy of the Petition [Doc. No. 1]; 14 Order Granting Petitioner’s Motion for Extension of Time [Doc. No. 53]; (3) Order 15 || Adopting Report and Recommendation [Doc. No. 56]; (4) a copy of the Clerk’s 16 || Judgment [Doc. No. 57]; (5) Order on Motion for Reconsideration [Doc. No. 61]; and 17 || (6) the docket sheet with summary text next to each filing.* 18 IT IS SO ORDERED. 19 Dated: November 8, 2022 20 [bth - (ciples 1 HON. MICHAEL M. ANELLO United States District Judge 22 23 24 25 26 3 Petitioner is reminded that he filed a Notice of Appeal. See Doc. Nos. 58, 59. “Asa general rule, the 27 || filing of a notice of appeal divests a district court of jurisdiction over those aspects of the case involved |[im the appeal.” Stein v. Wood, 127 F.3d 1187, 1189 (9th Cir.1997). As such, all further requests and/or motions relating to that appeal should be filed with the Ninth Circuit.